Sudden Stop Motorcycle Accidents
What Are Your Rights in Sudden Stop Motorcycle Accidents?
A sudden stop motorcycle accident may cause serious injuries and damages to a motorcyclist since they are forcefully colliding onto a vehicle. Despite wearing protective gear, a sudden stop crash can still be deadly. If you were a victim of a motorcycle accident, our experienced personal injury attorneys at West Coast Trial Lawyers will help you get the justice you deserve.
If you have been involved in a sudden stop motorcycle accident, you could have a personal injury claim. Depending on the circumstances, you may be entitled to claim compensation for any damage done to you. At West Coast Trial Lawyers, our motorcycle accident attorneys have helped several clients with cases just like yours obtain fair compensation for their injuries.
Read through this article to understand the law on sudden stop motorcycle accidents and what you can do if you are a victim of one.
Motorcycle Accidents in California
There are currently over 800,000 registered motorcycles in California. This is the largest volume of motorcycles anywhere in the nation. However, with a substantial amount of motorcyclists on the road, an accident is bound to happen. According to the California Office of Traffic Safety, there have been 488 fatal motorcycle accidents in 2018. The Statewide Integrated Traffic Records System data also mentions that fatal motorcycle accidents have continued to increase yearly, which is why motorcyclists have greatly contributed to the total amount of traffic deaths in California.
California also has one of the highest rates of motorcycle accidents in the U.S. Over the past 10 years alone, the rate at which these accidents happen has increased by 175%. In spite of the various safety programs that have been put into place in the state, there seems to be no sign of motorcycle accidents slowing down.
Damages Caused by Sudden Stop Motorcycle Accidents
Although motorcycle accidents are generally very dangerous affairs, sudden stop incidents can be even more dangerous. A sudden stop motorcycle accident can occur in two ways.
First is when a vehicle moving ahead of the motorcycle suddenly brakes hard and the following motorcycle plows into its rear end. In such a situation, it is characteristic for the bike to spin and throw the biker off to one side or all the way over the car. This can easily end up as a fatality for many reasons. The rider may go all the way over the car. In this case, they are likely to crash into the car in front or another oncoming vehicle. If they fall to the floor, they may fall with devastating impact or flop into the way of another vehicle.
The second instance is when a motorcycle traveling in front suddenly stops for whatever reason, and a vehicle coming at the rear plows into it. The stop may be due to another vehicle in front braking hard or having a brake defect. Whatever the reason for the stop may be, there’s no doubt that it can have serious implications for the biker. Depending on the level of impact by the vehicle coming in behind, it could crumple the motorcycle and the rider on it. It could also propel the driver into any objects in front of or around the impact site.
A catalogue of injuries can result from a sudden stop motorcycle accident. These can include:
- Broken jaws
- Brain injuries
- Broken bones
- Skull fractures
- Herniated discs
- Broken cheekbones
- Snapped collar bones
- Fractured or broken limbs
Also, there is also a good chance of the biker suffering some sort of serious internal injury resulting from the accident.
What Are Your Rights in a Sudden Stop Motorcycle Accident?
Under California law, all motorists must offer a duty of care to one another. This means that as a motorcyclist, you are given the same rights as other motorists who use different vehicles, such as cars, trucks, SUVs, and busses. In a sudden stop accident case, the at-fault party, regardless of whether they are a driver or motorcyclist, must be held responsible for committing negligent actions while on the road. If you are a victim of a motorcycle accident, you may file a lawsuit against the at-fault driver. California’s Code of Civil Procedure 335.1 indicates that an individual must file a lawsuit within 2 years of the date of the accident. You must show proof that the other party’s negligent behavior was what contributed to the crash.
It is highly recommended to contact a motorcycle accident attorney to guide you through this process. They will help you build a strong claim that will convince the insurance company to increase your compensation to a fair amount in order to cover for any damages caused by the collision. You could also sue for punitive damages. The purpose of punitive damages is to punish the defendant for the wrongful act they committed, which caused harm or death to another individual. Punitive damages may only be awarded when actions of a defendant were intentional, reckless, or malicious.
Contact a Motorcycle Accident Attorney
If you or a loved one was involved in a motorcycle accident in the city of Los Angeles, our experienced motorcycle accident attorneys at West Coast Trial Lawyers will help you get the compensation you deserve for damages you have suffered, which include medical bills, property damage, lost wages, and pain and suffering. We offer free, no-obligation consultations at our firm. No fees will be charged until we win your case. Contact us today at (888) 341-9802 or email [email protected] to speak to our knowledgeable and compassionate legal team.